FINANCIAL ACCOUNTABILITY ACT 2009 - As at 1 March 2023 - Act 9 of 2009

Table of Provisions

• Long Title

PART 1 - INTRODUCTION

Division 1 - Preliminary

• 1 Short title
• 2 Commencement
• 3 Property in public moneys and public property

Division 2 - Interpretation

• 4 Definitions
• 5 Interpretation of words used in appropriation Act
• 6 Meaning of terms relating to annual appropriation Act
• 7 Meaning of administered receipt and controlled receipt
• 8 Meaning of department
• 9 Meaning of statutory body

PART 2 - PROVISIONS APPLYING TO MINISTERS

Division 1 - Objectives of government

• 10 Community objectives of government
• 11 Fiscal objectives of government

Division 2 - Ministerial offices expenses

• 12 Report of ministerial offices expenses
• 13 Tabling of half year report
• 14 Audit of full year report
• 15 Tabling of full year report

PART 3 - CONSOLIDATED FUND AND TREASURER’S RESPONSIBILITIES

Division 1 - The consolidated fund

• 16 Consolidated fund
• 17 Accounts for consolidated fund
• 18 Treasurer’s consolidated fund bank account
• 19 Overdrawn accounts
• 20 Entries in Treasurer’s consolidated fund operating account
• 21 Write-off of losses

Division 2 - Consolidated fund reporting

• 22 Quarterly statement by Treasurer
• 23 Consolidated fund financial report
• 24 Timing for giving consolidated fund financial report to auditor-general
• 25 Consolidated whole-of-government financial statements
• 26 Information for preparing consolidated whole-of-government financial statements

Division 3 - Appropriations

• 27 Annual appropriation Acts
• 28 Appropriation of particular controlled receipts
• 29 Availability of appropriated amount for payment to departments
• 30 Payment of equity withdrawal under annual appropriation Act
• 31 Supply before ordinary annual appropriation Act for financial year
• 32 Supply before parliamentary annual appropriation Act for financial year
• 33 Varying the amounts of department’s headings
• 34 When part of vote for treasury department may be applied for headings of another department
• 35 Unforeseen expenditure
• 36 Entries in Treasurer’s consolidated fund operating account for unforeseen expenditure
• 37 Entries by Treasurer on repayment of incorrectly paid amounts

Division 4 - Approvals by Treasurer

• 38 Definition for div 4
• 39 Exercise of power by department or statutory body
• 40 Treasurer’s general approval
• 41 Application for Treasurer’s specific approval
• 42 Requirement to give documents or information
• 43 Decision on application
• 44 Amendment or repeal of Treasurer’s specific approval
• 45 Register of specific approvals
• 46 False or misleading documents
• 47 False or misleading information

Division 5 - Delegation by Treasurer

• 48 Delegation by Treasurer of particular powers

Division 6 - Investment by Treasurer

• 49 Treasury offset account
• 50 Use of accounts
• 51 Dealing with moneys earned on investment
• 52 Appropriation for investment
• 53 Corporation sole of The Treasurer of Queensland
• 54 Limitations on investment powers

Division 7 - Borrowings

• 55 Borrowings by the State
• 56 Liability of department for borrowing fee

Division 8 - Standards about financial and performance management

• 57 Financial and performance management standards
• 58 Requirements before making a financial and performance management standard
• 59 Exemption from complying with financial and performance management standard

PART 4 - PROVISIONS APPLYING TO DEPARTMENTS AND STATUTORY BODIES

• 60 Application of ss 61–63
• 61 Functions of accountable officers and statutory bodies
• 62 Annual financial statements
• 63 Annual reports
• 64 Investments gifted or bequeathed to departments or statutory bodies

PART 5 - PROVISIONS APPLYING ONLY TO DEPARTMENTS

Division 1 - Accountable officers

• 65 Accountable officers generally
• 66 Legislative Assembly and parliamentary service
• 67 Office of the Governor

Division 2 - Accountable officer responsibilities

• 68 Departmental budgets
• 69 Departmental accounts
• 69A Special purpose accounts
• 70 Payment of tax equivalents and dividends
• 71 Borrowings by accountable officers
• 72 Losses and special payments
• 73 Recovery of moneys
• 74 Recovery of value of property
• 75 Right to recover not affected

Division 3 - Delegations

• 76 Delegations by accountable officers
• 77 Chief finance officer
• 78 Head of internal audit

Division 4 - Machinery of government changes

• 79 Availability of appropriation after redistribution of public business
• 80 Financial reporting—when redistribution of public business of department takes effect

Division 5 - Accounts with financial institutions

• 81 Moneys to be kept at financial institutions
• 82 Financial institution accounts
• 83 Departmental banking arrangements
• 83A Special purpose financial institution accounts
• 84 Overdrafts

Division 6 - Derivative transactions

• 85 When departments may enter into derivative transactions
• 86 Requirement to report to appropriate Minister about derivative transactions

Division 7 - Miscellaneous

• 87 When department may invest or otherwise lend an amount
• 88 Treasurer’s approval to form, or become a member of, a company
• 88A Transfer of involvement in company to another department

PART 5A - REQUIREMENT TO PUBLISH PARTICULAR INFORMATION ONLINE

Division 1 - Preliminary

• 88B Purpose of part
• 88C Application of part
• 88D Meaning of print requirement
• 88E Definitions for part

Division 2 - Requirement for online publication

• 88F Print requirement must be complied with by online publication
• 88G Effect of non-compliance

Division 3 - Exemptions

• 88H Printed publication in regional newspaper
• 88I Public health and safety purpose
• 88J Requirement for information to be displayed at or sent to particular place or address
• 88K Publication for particular purposes
• 88L Regulation-making power

PART 6 - OTHER PROVISIONS

• 89 Comments or cost estimates during election period
• 90 Regulation-making power

PART 7 - REPEAL AND TRANSITIONAL PROVISIONS

Division 1 - Repeal

• 91 Repeal

Division 2 - Transitional provisions for Act No. 9 of 2009

• 92 Definitions for div 2
• 93 References to repealed Act
• 94 References to Treasury investment suspense account and financial institution account
• 95 Exemptions from complying with financial management standards
• 96 Continuing funds
• 97 Treasurer’s unclaimed moneys fund

Division 3 - Transitional provision for Revenue Amendment and Trade and Investment Queensland Act 2013

• 98 Closure of Queensland future growth fund
• SCHEDULE 2
• SCHEDULE 3